Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    Emzycal
    Engagement ring stolen, sold to pawn shop - Legal question?
    • #1
    • 16th Sep 12, 2:43 PM
    Engagement ring stolen, sold to pawn shop - Legal question? 16th Sep 12 at 2:43 PM
    Not sure if I'm posting this in the right place, but it seems the best place to post it.

    Long story short - my engagement ring was stolen and sold to a Cash Converters/Cash Generator type place by my Uncle who was living in my Grans house as was I at the time.

    The police have recovered it and I have it back, and we are waiting for them to arrest my uncle.

    The thing is, on the morning the ring was stolen, right after I noticed it missing, my Mum and I phoned every single pawn shop in the city and I'm fairly certain we phoned the one he sold it to. So if they'd already taken it, they should have contacted the police. And if they hadn't had it already, they should have known full well not to buy it.

    My question is, can I take any legal action against the shop in question? Since they were clearly told that X was stolen and that Y may be in to try to sell it to them? They were given all the details they'd need to avoid the purchase of the ring, yet still took it or had already taken it and neglected to inform the police.
Page 1
  • mildred1978
    • #2
    • 16th Sep 12, 2:45 PM
    • #2
    • 16th Sep 12, 2:45 PM
    Not sure if I'm posting this in the right place, but it seems the best place to post it.

    Long story short - my engagement ring was stolen and sold to a Cash Converters/Cash Generator type place by my Uncle who was living in my Grans house as was I at the time.

    The police have recovered it and I have it back, and we are waiting for them to arrest my uncle.

    The thing is, on the morning the ring was stolen, right after I noticed it missing, my Mum and I phoned every single pawn shop in the city and I'm fairly certain we phoned the one he sold it to. So if they'd already taken it, they should have contacted the police. And if they hadn't had it already, they should have known full well not to buy it.

    My question is, can I take any legal action against the shop in question? Since they were clearly told that X was stolen and that Y may be in to try to sell it to them? They were given all the details they'd need to avoid the purchase of the ring, yet still took it or had already taken it and neglected to inform the police.
    Originally posted by Emzycal
    They only had your word for it that it was stolen. You have the ring back, you aren't out of pocket.

    I really don't know what you are asking, as any legal action (which would be civil) would be for compensation, and you don't need compensating!
    Science adjusts its views based on what's observed.
    Faith is the denial of observation, so that belief can be preserved.
    Tim Minchin
  • faerie~spangles
    • #3
    • 16th Sep 12, 2:48 PM
    • #3
    • 16th Sep 12, 2:48 PM
    What action do you imagine you could take?

    You should be thankful that your ring was recovered.
    I'm not that way reclined

    Jewelry? Seriously? Sheldon you are the most shallow, self-centered person I have ever met. Do you really think that another transparently-manipu... OH, IT'S A TIARA! A tiara; I have a tiara! Put it on me! Put it on me! Put it on me! Put it on me! Put it on me! Put it on me! Put it on me!
  • Emzycal
    • #4
    • 16th Sep 12, 2:49 PM
    • #4
    • 16th Sep 12, 2:49 PM
    To be honest, more out of principal than anything. These shops don't have the right to operate the way they do. If it was an individual buying clearly stolen goods from people, they'd probably be prosecuted for it.
    • molerat
    • By molerat 16th Sep 12, 2:53 PM
    • 15,066 Posts
    • 9,400 Thanks
    molerat
    • #5
    • 16th Sep 12, 2:53 PM
    • #5
    • 16th Sep 12, 2:53 PM
    If the police think they have done anything wrong they will prosecute them plus they are a regulated business so could lose their licence.
    Last edited by molerat; 16-09-2012 at 2:57 PM.
    www.helpforheroes.org.uk/donations.html
  • londonsurrey
    • #6
    • 16th Sep 12, 4:25 PM
    • #6
    • 16th Sep 12, 4:25 PM
    Mention it to the police. Is the phone call in any of your phone records?
    • k12479
    • By k12479 16th Sep 12, 4:41 PM
    • 340 Posts
    • 434 Thanks
    k12479
    • #7
    • 16th Sep 12, 4:41 PM
    • #7
    • 16th Sep 12, 4:41 PM
    These shops don't have the right to operate the way they do.
    Originally posted by Emzycal
    And you don't have the right to expect for-profit businesses to enter into the problems of disfunctional families.
    • scooby088
    • By scooby088 16th Sep 12, 4:47 PM
    • 3,245 Posts
    • 3,568 Thanks
    scooby088
    • #8
    • 16th Sep 12, 4:47 PM
    • #8
    • 16th Sep 12, 4:47 PM
    OP only advice I can give you is be thankful you got the ring back and let it go.
  • fluffnutter
    • #9
    • 16th Sep 12, 4:51 PM
    • #9
    • 16th Sep 12, 4:51 PM
    The thing is, on the morning the ring was stolen, right after I noticed it missing, my Mum and I phoned every single pawn shop in the city and I'm fairly certain we phoned the one he sold it to.

    My question is, can I take any legal action against the shop in question?
    Originally posted by Emzycal
    You want to take legal action against a shop because you're 'fairly certain' you phoned them?

    You need to be a lot more than 'fairly certain' before you try to ruin someone's business. As others have said, let it go. I find it strange that you seem more annoyed with the shop than you do your thieving uncle
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
    • Nicki
    • By Nicki 16th Sep 12, 4:59 PM
    • 7,415 Posts
    • 26,032 Thanks
    Nicki
    Your phone bill will show whether you dialled the number of that pawn shop and whether your call lasted long enough for you to tell them about the stolen ring. So, if you did phone them, you will have evidence which can be used in a prosecution of the date and time of the call. The pawn shop should also have records of when they accepted the ring.

    So the first step is to check that you have evidence that you called them, and if you do, the second step is to notify the police and the local Trading Standards people so that a prosecution/revocation of their license can be considered. If you have no such evidence, then there is no second step.

    I am sure that OP is as cross with her uncle, if not more so, than she is with the pawn shop. However, if she notified them of the theft, then of course it is right to pursue them if they nonetheless accepted the ring. I am baffled with people who want to protect the pawn shop's right to knowingly fence stolen goods and who presumably want such a facility in their areas where those who burgle or pickpocket them can easily dispose of their goods for cash!
    • Ms Chocaholic
    • By Ms Chocaholic 16th Sep 12, 5:02 PM
    • 8,413 Posts
    • 51,781 Thanks
    Ms Chocaholic
    My thoughts on your situation. If the shop had acted on your advice and not bought the ring from your uncle, then your uncle may well have travelled to another town, say 50 miles away to sell the ring and you may never have seen it again. At least you have it back as they did buy it.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • fluffnutter
    Your phone bill will show whether you dialled the number of that pawn shop and whether your call lasted long enough for you to tell them about the stolen ring. So, if you did phone them, you will have evidence which can be used in a prosecution of the date and time of the call. The pawn shop should also have records of when they accepted the ring.

    So the first step is to check that you have evidence that you called them, and if you do, the second step is to notify the police and the local Trading Standards people so that a prosecution/revocation of their license can be considered. If you have no such evidence, then there is no second step.

    I am sure that OP is as cross with her uncle, if not more so, than she is with the pawn shop. However, if she notified them of the theft, then of course it is right to pursue them if they nonetheless accepted the ring. I am baffled with people who want to protect the pawn shop's right to knowingly fence stolen goods and who presumably want such a facility in their areas where those who burgle or pickpocket them can easily dispose of their goods for cash!
    Originally posted by Nicki
    I'm certainly not wishing to 'protect the pawn shop's right to knowingly fence stolen goods'. Rather that, on the strength of the opening post the OP simply doesn't have enough evidence. Nor do I believe that the length of the original phone call will in any way confirm the assertion that they were told about the theft, although it will of course confirm whether this particular shop was called or not.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
    • Dreamnine
    • By Dreamnine 16th Sep 12, 5:09 PM
    • 6,668 Posts
    • 11,450 Thanks
    Dreamnine
    You got the ring back - what else do you need/want?

    Aside from prosecuting your larcenous uncle.
    • cbrown372
    • By cbrown372 16th Sep 12, 5:10 PM
    • 989 Posts
    • 3,100 Thanks
    cbrown372
    Not sure if I'm posting this in the right place, but it seems the best place to post it.

    Long story short - my engagement ring was stolen and sold to a Cash Converters/Cash Generator type place by my Uncle who was living in my Grans house as was I at the time.

    The police have recovered it and I have it back, and we are waiting for them to arrest my uncle.

    The thing is, on the morning the ring was stolen, right after I noticed it missing, my Mum and I phoned every single pawn shop in the city and I'm fairly certain we phoned the one he sold it to. So if they'd already taken it, they should have contacted the police. And if they hadn't had it already, they should have known full well not to buy it.

    My question is, can I take any legal action against the shop in question? Since they were clearly told that X was stolen and that Y may be in to try to sell it to them? They were given all the details they'd need to avoid the purchase of the ring, yet still took it or had already taken it and neglected to inform the police.
    Originally posted by Emzycal
    so how did the police recover the ring?
    • Dreamnine
    • By Dreamnine 16th Sep 12, 5:13 PM
    • 6,668 Posts
    • 11,450 Thanks
    Dreamnine
    I take it said Uncle will be removed from your Xmas card list?
    • Nicki
    • By Nicki 16th Sep 12, 5:27 PM
    • 7,415 Posts
    • 26,032 Thanks
    Nicki
    I'm certainly not wishing to 'protect the pawn shop's right to knowingly fence stolen goods'. Rather that, on the strength of the opening post the OP simply doesn't have enough evidence. Nor do I believe that the length of the original phone call will in any way confirm the assertion that they were told about the theft, although it will of course confirm whether this particular shop was called or not.
    Originally posted by fluffnutter
    Clearly a bill showing the number called and the length of the call, does not prove what was said during the call itself. However, if the record exists, it will be corroborating evidence of the OP's statement to the police that she did call this pawn shop and tell them of the theft. Why else would she phone the shop (and a number of other shops in the area, which her phone records will also show) if not to impart this information?

    My understanding is that pawn shops are quite strictly regulated, and that if they are put on notice that an item has been stolen and may be presented, they are expected to ask for proof of ownership.

    In any case, as I have said more than once on this forum, it isn't for a victim of a crime to provide all the evidence, and there is no need to hold off reporting a crime to the police until evidence is to hand. If you believe yourself to be the victim of a crime, then you are perfectly entitled to report this to the police and to voice your suspicions in respect of everyone involved in the crime, and it is then for the police to investigate that crime and if there is sufficient evidence to decide in conjunction with the CPS whether to take action against the perpetrator.

    If the pawn shop knew the ring was stolen and accepted it, then they deserve to be put out of business, and OP should not be deterred from reporting their role in things. If there isn't enough evidence at the end of the day to support the OP's accusation, then no action will be taken against the shop but that doesn't mean she shouldn't at least ask for their actions to be investigated.
    • 74jax
    • By 74jax 16th Sep 12, 6:56 PM
    • 4,411 Posts
    • 5,914 Thanks
    74jax
    My ex stole a lot of my belongings and pawned them. I too called pawn shops who said they had nothing matching that description. My family liaison officer went to the pawn shops for me and recovered most items - and the date they were pawned was before I called! Why the didn't tell me when I called I don't know but I don't care, when he gave me them I hugged him! I'd just be happy you have it.
    Forty and fabulous, well that's what my cards say....
    • meritaten
    • By meritaten 16th Sep 12, 9:22 PM
    • 23,114 Posts
    • 60,821 Thanks
    meritaten
    I would guess that a pawn shop would be very wary of some random person phoning them about 'stolen' property. they have no way of knowing that you are actually the legal owner - entirely different if a police officer comes in with a description/list of stolen property.
    as for suing the pawn shop - I doubt you would get far. unless they were previously given the list of stolen property by the police they can always claim they bought the items in good faith.
    perhaps you can just be grateful you have your property back?
    • peachyprice
    • By peachyprice 16th Sep 12, 9:47 PM
    • 17,339 Posts
    • 39,476 Thanks
    peachyprice
    I would guess that a pawn shop would be very wary of some random person phoning them about 'stolen' property. they have no way of knowing that you are actually the legal owner - entirely different if a police officer comes in with a description/list of stolen property.
    as for suing the pawn shop - I doubt you would get far. unless they were previously given the list of stolen property by the police they can always claim they bought the items in good faith.
    perhaps you can just be grateful you have your property back?
    Originally posted by meritaten
    This, exactly.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • marywooyeah
    • By marywooyeah 16th Sep 12, 9:57 PM
    • 2,521 Posts
    • 4,290 Thanks
    marywooyeah
    You got the ring back - what else do you need/want?

    Aside from prosecuting your larcenous uncle.
    Originally posted by Dreamnine
    technically you could sue the uncle for conversion but I'd just be grateful you got the ring back. what a nasty man your uncle is!
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

68Posts Today

4,008Users online

Martin's Twitter